Criminal Misc. No. M-42310 of 2007 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-42310 of 2007
Date of Decision: 14.1.2009
Hans Raj
...Petitioner
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. A.K. Walia, Advocate
for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for respondent No.1.
Mr. Sanjiv Gupta, Advocate
for respondent No.2.
None for respondent No.3.
Kanwaljit Singh Ahluwalia, J. (Oral)
The petitioner is aggrieved against the framing of charge.
Order of framing of charge was assailed before the revisional Court.
In the present petition under Section 482 Cr.P.C., quashing
has been sought against the order passed by learned Additional
Sessions Judge, (Ad hoc), Patiala, who affirmed framing of charge by
the trial Court.
Counsel for the petitioner contends that witnesses are relying
upon oral evidence to state that amount was parted by the complainant
to the the accused. He further states that in support of oral assertion no
Criminal Misc. No. M-42310 of 2007 2
document or receipt has been executed.
What is the value of oral evidence, it is in realm of appreciation
of evidence which cannot be gone into in the petition under Section 482
Cr.P.C.
Counsel for the petitioner states that dispute is of civil nature,
therefore, criminal proceedings are not made out. Power under Section
482 Cr.P.C. are to be used in exceptional circumstances. The two
Courts below have evaluated the evidence gathered during
investigation which cannot be lightly interfered with.
Therefore, no ground for quashing of order passed by learned
Additional Sessions Judge, (Ad hoc), Patiala, is made out and hence,
the present petition is dismissed.
(Kanwaljit Singh Ahluwalia)
Judge
January 14, 2009
“DK”